Warren v. Paychex, Inc.

Filing 20

STIPULATION AND ORDER RE: CONTINUATION OF MEDIATION, CASE MANAGEMENT CONFERENCE, AND CLASS CERTIFICATION MOTION. Mediation deadline continued to 1/12/11. Further Case Management Conference re-set for 1/21/2011 at 01:30 PM. Updated Joint Case Management Statement due by 1/14/2011. Motion For Class Cert. due by 5/6/2011. Signed by Judge Joseph C. Spero on 09/21/10. (klh, COURT STAFF) (Filed on 9/22/2010) Modified on 9/22/2010 (klh, COURT STAFF).

Warren v. Paychex, Inc.

Doc. 20

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STEVEN G. ZIEFF (SBN 84222) DAVID A. LOWE (SBN 178811) JOHN T. MULLAN (SBN 221149) RUDY EXELROD ZIEFF & LOWE LLP 351 California Street, Suite 700 San Francisco, CA 94104 [phone] (phone)/[phone] (fax) [e-mail] [e-mail] [e-mail] ROBERT S. NELSON (SBN 220984) NELSON LAW GROUP 900 Cherry Avenue, Suite 300 San Bruno, CA 94066 [phone] (phone)/[phone] (fax) [e-mail] Attorneys for Plaintiff DANIELLE WARREN and all others similarly situated JACK S. SHOLKOFF, CA Bar No. 145097 [e-mail] BETH A. GUNN, CA Bar No. 218889 [e-mail], OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: [phone] Facsimile: 213.239.9045 Attorneys for Defendant PAYCHEX, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DANIELLE WARREN, and all others similarly situated, Plaintiff, v. PAYCHEX, INC. Defendant.

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Plaintiff Danielle Warren ("Plaintiff") and Defendant Paychex, Inc. ("Defendant") (collectively, "The Parties"), by and through their respective counsel of record, stipulate and agree as follows: 1. During the initial case management conference in this matter on August 27, 2010,

after counsel for the Parties expressed a mutual willingness to go to private mediation, the Court instructed the parties to select a mediator, schedule a mediation date and then file a notice informing the Court of the selected mediator and mediation date within one (1) week. The Court also set a deadline for Plaintiff to file her anticipated motion for class certification for March 4, 2011, and instructed the parties to agree to a briefing and hearing schedule following that deadline. 2. Based on the proposed schedule for mediation discussed at the initial case

management conference, the Court scheduled a post-mediation case management conference for December 10, 2010. 3. On August 31, 2010, Plaintiff propounded on Defendant multiple discovery

requests, including requests for production of documents, special interrogatories, and a deposition notice for Defendant's person(s) most knowledgeable regarding multiple subjects. 4. On September 3, 2010, the Parties jointly filed Notice of Selected Mediator and

Mediation Schedule to inform the Court that: (1) The Parties had agreed to use Michael Dickstein as the mediator for this case; and (2) the Parties had scheduled a mediation for November 10, 2010. 5. On September 16, 2010, Defendant propounded on Plaintiff multiple discovery

requests, including requests for production of documents, special interrogatories, and a deposition notice for Plaintiff. 6. During the week of September 13, 2010, the Parties discussed streamlining the

discovery responses to be provided by both Parties in an attempt to identify the information and documents most important for a productive mediation; in addition, the Parties discussed scheduling depositions considered by the Parties to be essential to a productive mediation. As a result of such conversations, the Parties determined that they both required additional time to
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prepare for the mediation in this matter, and that a productive mediation would most likely occur only if the Court continued the mediation dates scheduled in this matter. They also agreed to limit their discovery and other litigation efforts only to that which is needed for a productive mediation. 7. On September 17, 2010, the Parties confirmed a new available date of January 12,

2011 with their selected mediator, Michael Dickstein, and agreed to seek the Court's approval to continue the mediation date and post-mediation status conference date accordingly. 8. On September 17, 2010, counsel for Defendant confirmed with the Court's clerk

that the Court could schedule a post-mediation case management conference on Friday, January 21, 2011, at 1:30 pm. 9. The Parties hereby stipulate to continue: (1) the previously-scheduled mediation

date to January 12, 2011; (2) the previously-scheduled case management conference to January 21, 2011; and (3) the deadline for Plaintiff to file her motion for class certification to May 6, 2011. 10. The parties stipulate to the following proposed briefing schedule for the

certification motion: Plaintiff's motion (and all supporting documents) will be filed on or before May 6, 2011; Defendant's opposition (and all supporting documents) will be filed on or before June 17, 2011; Plaintiff's reply, if any, will be filed on or before July 8, 2011; and the motion will be heard on August 6, 2011 at 9:30 a.m. .

IT IS SO STIPULATED.

Dated: September 21, 2010

RUDY EXELROD ZIEFF & LOWE LLP By: Steven G. Zieff David A. Lowe John T. Mullan /s/ Steven G. Zieff

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Dated: September 21, 2010

NELSON LAW GROUP By: Robert S. Nelson /s/ Robert S. Nelson

Attorneys for Plaintiffs DANIELLE WARREN and all others similarly situated Dated: September 21, 2010 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By: /s/ Jack S. Sholkoff Jack S. Sholkoff Beth A. Gunn Attorneys for Defendant PAYCHEX, INC. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///
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PURSUANT TO THE ABOVE-NOTED STIPULATION, THE COURT HEREBY ORDERS THAT: 1. The previously-scheduled mediation date of November 10, 2010 is continued to

January 12, 2011; and 2. The previously-scheduled case management conference date of December 10,

2010 is continued to Friday, January 21, 2011 at 1:30 pm.; 3. The previously-scheduled deadline of March 4, 2011 for Plaintiff to file a motion

for class certification is continued to May 6, 2011; and 4. The briefing schedule for Plaintiff's certification motion is: Plaintiff's motion

(and all supporting documents) will be filed on or before May 6, 2011; Defendant's opposition to the motion (and all supporting documents) will be filed on or before June 17, 2011; Plaintiff's The Court will set a hearing date. reply, if any, will be filed on or before July 8, 2011; and the motion will be heard on August 6, 2010 at 9:30 a.m.
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IT IS SO ORDERED.

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F D IS T IC T O R

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09/21 Dated: __________________, 2010

Spero By: ______________________________________ seph C. Judge Jo JOSEPH C. SPERO United States Magistrate Judge E

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GENERAL ORDER 45 ATTESTATION I, Jack S. Sholkoff, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUATION OF MEDIATION, CASE MANAGEMENT CONFERENCE AND CLASS CERTIFICATION MOTION. In compliance with General Order 45, X.B., I hereby attest that Rob Nelson and Steven Zieff have concurred in this filing. Dated: September 21, 2010 /s/ Jack S. Sholkoff JACK S. SHOLKOFF

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